Kerala High Court
Manju vs Dhaneesh on 3 January, 2022
IN TIIE HIGH COURT 0F KERALA AT ERl\lAl(ULAM
PRESENT
THE HonouRABLE MR. ]usTlcE A.MUHAMED MusTAQUE
&
THE HOMOuRABLE MRS. JUSTICE SOPHY ThoMAS
MonDAy, THE 3RD DAy OF .AiluARy 2®22 / i3TH pousHA, 1943
MAT.APPEAL MO. 566 0F 2®2®
AOAINST TIIE ORDER/]uDGHEur IN oP 677/2ol6 oF FAMILy couRT, TIRUR
APPELLANT:
MANJU, AGED 24 YEARS, D/0.MANIKANDAN, THOTTIYIL HOUSE,
muTTANN-0-OR pOsT, PURATHUR vlLLAGE, TIRUR TALUK, MALAppuRAH
DISTRICT, PIN-676 561.
BY ADV SUSHANTH. J .
RESPONDENT :
DHANEESH, AGED 31 YEARS, S/O.SUKUMARAN, CHIRAKKUNNATH HOUSE,
P.0.PADINHAREKKARA, PURATHUR AMSOM, PADINHAREKKARA DESOM,
PURATHUR VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676
561.
BY ADV SRI.HARISH R. MENON
THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD 0N
©3i®1j2®22, ALONG WITH RPFcj213/2®20, THE C0uRT 0N THE SAME DAY DELIVEF3ED
THE FOLLOWING:
MATAPEEAL No. 566 oF 2o2o & Rmc No. 213 oF 2o2o
Z
IN THE HIGH COURT 0F KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MuSTAQUE
&
THE HONOURABLE MFts. JUSTICE SOPHY TIJOMAS
MONDAY, THE 3RD DAY 0F JANUARY 2®22 / 13TH POUSHA, 1943
RPFC HO. 213 0F 2®2®
AGAINST TIJE ORt)ER/JUDGMENT IN MC 29/2017 0F FAMILY COURT, TIRUR
REVISIoll PETITIONERS :
1 MANJU, AGED 24 YEARS, D/0.MANIKANDAN, THOTTIYIL HOUSE,
MUTTANN00R POST, PURATH00R VILLAGE, TIRUR TALUK, MALAPPURAM
DISTRICT, PIN-676 561
DHANUL, AGED 4 YEARS, S/0. DHANEESH, THOTTIYIL HOUSE,
MUTTANN00R POST, PURATHUR VILLAGE, TIRUR TALUK, MALAPPURAM
DISTRICT-, PIN-676 561, JIEP-. BY MO"ER -1-ST REVISION
PETITIONER i
BY ADVS .
SUSHANTH . J .
SMT.KRISHNAPRIYA a.
RESPONDENT :
DHANEESH,AGED 31 YEARS, S/0. SUKUMARAN, CHIRAKKUNNATH HOUSE,
P.0. PADINHAREKKARA, PURATHUR AMSOM, PADINHAREKRARA DESOM,
PURATHUR VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT-676 505
BY ADVS.
SRI . K . T . SHYAMKUMAR
SRI.HARISH R. MENON
SMT . K . N . ABHA
SRI . A . G . PRASANTH
SMT.NIMMY SHAJI
THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD 0N
©3.®1.2022, ALONG WITH Mat.Appeal.566/2020, THE COURT 0N THE SAME DAY
DELIVERED THE FOLLOWING:
MAVAF"ALNo.566or2o2o&RHcNo.2i3or2o2o
3
UDGMENT
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The parties were referred for mediation. In mediation, the
parties agreed for dissolution of the marriage invoking Section
138 of the Hindu Marriage Act, I 955. The settlement agreement
also contains resolution of other disputes relating to custody,
maintenance etc. The settlement agreement was entered into
between the parties on 7.04.2021. The appellant is ready for
signing 138 petition. However, it appears that there is lagging
on the part of the respondent in signing 1 38 petition for one or
other reasons.
2. In the light of the fact that the parties have resolved
their disputes, Mat. Appeal No.566 of 2020 and RP (FC) No.213
of 2020 are disposed of recording the settlement. We dispose
these cases in the light of the settlement and the settlement
agreement will form part of the decree.
3. In view of the fact that the respondent has not chosen
MAIAEmALNo.566or2o2o&R"cNo.2i3or2o2o
4
to file 138 petition, we de link Mat. Appeal No.567 of 2020 filed
by the wife challenging the petition filed by the husband for
restitution of conjugal rights, which was allowed ty the Family
Court. That matter can be heard separately in due course. De
link Mat. Appeal No.567 of 2020.
Mat. Appeal No.566 of 2020 and RP (FC) No.213 of 2020
are disposed of in the light of the settlement.
AMUHAMDMusmQUE
JumE
scrm"ous
JumE
PR
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EENAVULAM MEDIATION CENTRE
(HIGH COURT HALL)
__ . _ _ ..... __TT____1__1__ T;_^i`€ Oi rDl. n,4Q^
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From
The Nodal officer,
High Cout Mediation Centre.
To
TheRegistrar(Judicial),`.
High Court Of Kerala,
Emakulam
Sir,
®-tl#`#d,
dukyffifty5dikofs¥9fe±
Sub:-Mediation of referreddcases.-
cases.- Reg.
Reg.
Ref:- Referral Order in .....
dated..ia<4../Ot<f}/....oftheHon'bleHighcounofKerala.
***
The report of the Mediator in the matter along with the enclosures is furnished
herewith for information and necessary action.
I,+,=, I
Yours faithfully,
Nodal Officer
Emakulam Mediation Centre
End:- 1. Report of the Mediator, Settlement Agreement.
2.Copyofrefenalorderdated....?/./£/2+ay..oftheHighcoutofKerala.
3. Copy of Petition.
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BEFORETHEHONOURABLEHIGHCOURT0FRERALA
AT EENjKULIut
Mai4ppealJthEfiz±ZQ2Q±J±4a!AppedJH2±Efifian
Manju
: Appellant
Vs.
Dhaneesh
: Respondents
r\ REPQBESHBMH±R
ADV. ZOHRA M.A.
Mediated, matter is settled.
Settlement Agreement is attached herewith.
Dated this the 7tl] day of April, 2021
a
Adv. Zohra M.A.
Mediator
Ernakulam Mediation Centre
r)
BEFORE THE HONOURABLE HIGH COURT OF KERALAAT
ERNAKULAM
Mat Ap_I)eal No.567/2020 & Mat Appeal No.566/2020
Manju : Appellant
Vs.
Dhaneesh : Respondents
MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE
CODE OF CIVIL PROCEDURE READ VITH RULES 24 & 25 0F THE
rl CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION),RULES,
2008:
The parties to the above Mat Appeal agrees to resolve their disputes
involved their in, on the following terms and conditions:
1. The parties agree that they can dissolve their marriage by mutual
divorce petition under See.13B of the Hindu Marriage Act,1955 and
the same can be preferred before this Hon'ble Court in view of the
pendency of the above two Mat Appeals and the pendency of
RP(FC) No.213/2020 before this Hon'ble Court.
The Respondent Dhaneesh agrees to pay an amount of Rs.3,00,000/-
rt
(Rupees Three lakhs only) to the appellant Manju and he needs time
for the payment which is agreed to be paid by 6th of September, 2021.
On the said date or as soon as the payment is made, the parties can
prefer the Sec.13 8 petition.
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3. An additional amount of Rs.15,000/- (Rupees Fifteen thousand only)
shall also be paid to the petitioner by the 6th of September, 2021
towards payment of pending aITears of maintenance of the child
namely, Dhanul.
4. It is agreed by the parties that the appellant shall hand over the
custody of the child once on 3rd Saturday of every month for the
visitation right of the respondent father from 1.00 p.in to 5.00 p.in
at the Family Court, premises of Tirur, Family Court commencing from
May 2021. If he wants the child to be seen by his parents he should
® bring them with him to the Family Court premises. In case of any
alterationoftheday fixed for visitation it can be on the
4th Saturday which should be informed prior. The child should not be
taken away anywhere else other than from the Family Court
surroundings. The child's right over the fathers assets is not prevented
by this agreement meaning the child's succession right is not
adversely affected by this settlement. The maintenance amount at
Rs.1500/- per month as on date will be continued to be deposited
presently in the Account of the petitioner namely S.B Account
No.33322140438 of the SBI of India, Tirur Branch. The amount so
r)
paid will be enhanced by Rs.1,000/-more each month on every three
years as a periodical hike of the maintenance of the child. To be explicit
it will be Rs.2500/- per month after three years of today and Rs.3500/-
per month after further three years and so on. The right to seek further
enhancement if found essential on sufficient reasons for the child's
maintenance as stated above is left open for protecting the child's need
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for educational or such other unexpected purposes. The mother is
entitled to withdraw the deposited amount in the child's account after six
months, which Account Number will be furnished by the
mother/petitioner, towards the child's maintenance necessities.
The permanent custody of the child is agreed to be with the mother until
such time the child attains majority and decides otherwise. Any
unforeseen requirement in change of custody shall be through
appropriate petitions before the Court on sufficient reasons.
5. On agreeing the above terms the parties resolve to settle their
0 disputes in full and final settlement of claims involved in the marital life
of the parties and no further claims shall be made between the parties
towards each other except for the above detailed payments by the
respondent. Since, the payment of compensation is deferred by
six months including payment of arrears of maintenance, the recording
of the settlement terms and disposal of the above appeals may also be
after six months of today, or else appellant apprehends that the
respondent may cause default in the payment terms. The child's
monthly maintenance shall be paid from the 15th of May 2021, for the
next month without fail and on subsequent months on or before 5th of
®
each month as detailed above. It is also funher agreed that the
respondent doesn't exercise his visitorial rights for consecutive three
months, the petitioner need not take the child to the Family Court, for
visitorial rights as agreed in this settlement agreement. All the claims
between the appellant and respondent in their Matrimonial
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disputes stands full and finally settled on payment of Rs.3,15,000/-
(Rupees Three lakhs fifteen thousand only) as agreed in this settlement
agreement.
Hence, it is respectfully prayed that this Hon'ble Court may be pleased
to record this settlement agreement on the files of the above
Mat.Appeals before this Hon'ble Court and dispose off the same
accordingly in the interest of justice.
Dated this the 7th day of April, 2021.
a
Appellant Respondent
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Manju Dhaneesh
Counsel for the Appellant Counsel for the Respondent
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